Legal Question in Consumer Law in Massachusetts
Dance Lessons not fulfilling contract
Dance lessons are provided
to a student for several
years, at a few thousand
dollars a year, and a student
is not reaccepted onto a
dance team because ''her
dancing had gone down hill
for the last year and a half''.
At no time during the dance
season was the student told
that she was falling behind
or needed to improve, or
given a written evaluation
stating that her standing on
the team was in jeopardy.
I feel that the dance studio
had an obligation to teach
dance and that means
pointing out weak areas and
expecting improvement on
the dancer's part.
If the dancer was told the
quote written above, and that
was given as one of the
reasons that she was not
accepted onto the dance
team this year, then doesn't
that mean that the studio did
not complete their part of the
contract due to inadequate
teaching? Would this be a
case for asking for a refund
of last year's tuition?
1 Answer from Attorneys
Re: Dance Lessons not fulfilling contract
Unless I have misunderstood your statement, you have not made a case that there was an agreement, enforceable or otherwise, that would support your position: the student is entitled to a refund.
Were you to describe an enforceable obligation by the studio that stated that there was a promise, and the promise was materially broken, then I would re-evaluate my position.